The construction consortium working on the Eglinton Crosstown LRT intends to sue Metrolinx, the transit authority said Tuesday.
Metrolinx said it will defend the latest legal challenge from Crosslinx Transit Solutions (CTS), which it framed as “another unacceptable delay tactic” deployed by the company.
“While Metrolinx is driving and supporting CTS to complete the project, CTS is looking for new ways to make financial claims,” the statement said.
Metrolinx said it has withheld significant payment to CTS for poor performance. It also said the consortium should bear the costs of the delays.
The LRT was originally scheduled to be opened in 2020. Metrolinx said it will push CTS to submit a credible schedule for completing the project.
“We will continue to hold CTS to account and examine every remedy under the Project Agreement to ensure the project is delivered to a high quality and that it is safe and reliable to open,” the statement said.
CTS responded in a statement released Tuesday afternoon the litigation is about Metrolinx’s refusal to sign an operating agreement with TTC.
“We have asked the court to find that CTS is not obligated to continue working on the project while the issues between Metrolinx and the TTC are resolved,” the statement said.
Toronto deputy mayor Jennifer McKelvie said in a statement on Twitter the city government wants the dispute to be resolved in a boardroom, not a courtroom.
“People need to come together, solve the problems plaguing this provincial project and get this very important transit line open,” McKelvie said.
She said she hopes Ontario Premier Doug Ford will call a roundtable and invite all stakeholders in the LRT construction to find a solution.
Herman Rosenfeld, a member of the transit advocacy group TTCRiders, told Humber News the lack of details coming out of Metrolinx is frustrating.
“Metrolinx is a black box. You can’t find out what’s going on,” he said. “They haven’t even given any estimates when [the LRT] is supposed to be done.”
The group is concerned about further delays caused by the legal challenge, he said.
“It’s horrible because it’s really important for commuters and people and the community to use this,” he said.
CTS said TTC can make requests and provide inputs beyond the company’s contractual obligations as the LRT construction is almost complete.
Metrolinx has refused to manage or take ownership over late changes requested by the TTC, CTS said.
“This has resulted in delays to the project outside our control and significant costs overruns which CTS has continued to incur,” the statement said.
CTS also said it’s disappointed with Metrolinx characterizing the litigation as a delay tactic. It said the legal action seeks to remove barriers to completion.
“Every single day our team at CTS continues to work diligently, despite the many challenges, to deliver a safe and reliable system to the people of our city,” the statement said.
It isn’t the first time CTS resorted to the courts. It sued Metrolinx and Infrastructure Ontario in 2020, saying the COVID-19 pandemic amounted to an emergency under the project agreement.
The Ontario Superior Court of Justice sided with CTS, saying the emergency allowed CTS to seek for an extension of construction deadline.